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WEST AMERICAN INS. CO. v. CATES

No. 42A01-0601-CV-26.

865 N.E.2d 1016 (2007)

WEST AMERICAN INSURANCE COMPANY, Appellant-Defendant, v. Brenda CATES, Individually and as Personal Representative of the Estate of Bernard Cates, Jr., and Dylan Cates, By His Next Friend, Brenda Cates, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Publication Ordered April 17, 2007.

Attorney(s) appearing for the Case

John E. Birk, Birk & Birk, Jasper, IN, Attorney for Appellant.

David V. Scott, New Albany, IN, James O. McDonald, Everett, Everett & McDonald, Terre Haute, IN, Attorneys for Appellees.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant West American Insurance Company ("West Am") appeals the denial of its motion for summary judgment on a complaint filed by Brenda Cates, individually and as Personal Representative of the Estate of Bernard Cates, Jr., and as next best friend of Dylan Cates regarding a claim for uninsured motorist coverage under an automobile insurance policy issued to the Cates family by West Am. We affirm...

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